Case management judge in pending judicial review proceedings ordered that admissibility of impugned evidence be determined by panel hearing the consolidated challenges to decision of Governor in Council. Case management judge issued order protecting confidentiality of information pending decision of panel. Impugned evidence was struck. TM conceded that information was confidential. This was consistent with text of written agreement between parties. Agreement also established that information was imparted in circumstances where obligation of confidence existed. Disclosure of Confidential Information without permission of UN Band was detrimental to UN Band. First Nations must be able to engage with pipeline proponents confidentially in accordance with terms of confidentiality agreement the parties mutually conclude.
Tsleil-Waututh Nation v. Canada (Attorney General) (2018), 2018 CarswellNat 7096, 2018 CarswellNat 7097, 2018 FCA 155, 2018 CAF 155, Eleanor R. Dawson J.A., Yves de Montigny J.A., and Judith Woods J.A. (F.C.A.); additional reasons (2018), 2018 CarswellNat 4685, 2018 CarswellNat 4686, 2018 FCA 153, 2018 CAF 153, Eleanor R. Dawson J.A., Yves de Montigny J.A., and Judith Woods J.A. (F.C.A.).